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Criminal Identification In Vision Of Procedure Field

Posted on:2012-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhangFull Text:PDF
GTID:2166330335480102Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the criminal investigation process, the identification is a criminal investigation. This is a litigation that the investigators organize victims, witnesses suspects to identify and recognize the relevant people of the case, objects, bodies, and places, ects. In accordance with the identification object, the identification can be divided into human identification, identification of objects, the identification of such sites. Simultaneously the criminal identification is the conventional detection measure which various countries' detection institution uses.The criminal identification is a detection measure which is based on the recognition of the perceived o identifying people. The criminal identification often played an important role in litigation practice. The conclusion of the criminal identification not only may regard as the bases which determine investigation direction and delineate the scope of investigation, but also may be regarded as evidence material and effect the following trial program. But identifies is the memory information which preserves in the cerebrum carries on the subjective judgment according to the object to the current thing the recognition to recognize the process, and is individual experience subjective reflection process. This process is filling with many variables, must receive each kind of subjective and objective influence. If identification concept, rationale, science classification of criminal identification cannot be analyzed, establish and construct precise reasonable identification rule and other right essential procedure factor to enable the criminal identification procedure to be under the active control, and build scientific and reasonable evaluation yardstick to identify conclusion credibility review, possibly the wrong identification conclusion or wrong judgment identification conclusion will be presented. It will caused to delay the detection work or even to cause the human to be punished. The criminal identification procedure's development consummates also becomes the question. Based on the further analysis of current problems existing in the criminal identification procedures of China. The author pointed out emphatically the reform of criminal identification procedures must around a general idea, which is criminal identification as with other reconnaissance means needs to be perfect. But it must be based on judicial practice, and shall follow the principle that set in investigation procedures these principles include to the investigating principle, namely procedure legal detection principle, the procedural fairness principle, the procedures open principle, the procedures benefit principle. These basic principles of criminal identification procedures will be regarded as value guidance to build criminal identification program. Whether there is a good value guidance, how to follow these rules, which directly affects the rationality of the criminal identification process. So the author puts forward some concrete perfect vision from the four aspects of the criminal identification system, which are clearing the legal investigation of criminal identification status, establishing China's criminal identification start programs censorship, perfecting our country criminal identification implementing procedures and establishing the rights of suspects safeguard mechanism. In order to promote the whole investigation system to be perfected.
Keywords/Search Tags:Identification, Rules of Identification, Identify Conclusion, Criminal Identification Procedure
PDF Full Text Request
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